High CourtsSINGLE BENCH(2017) 02 JH CK 0121

Arbind Mishra, son of Late Ishwar Mishra vs The State of Jharkhand

Jharkhand High Court · Decided on 8 February 2017

HON’BLE JUDGES
Amitav K. Gupta
RESULT
Disposed
CASE NUMBER
196 of 2012

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Judgment

6 paragraphs · 227 words
1.

This miscellaneous petition has been preferred for enhancement of the awarded compensation of Rs.6,39,200/- by order dated 23.07.2012 passed by the learned District Judge Vth -cum- Presiding Officer, MVACT, Hazaribagh, in Claim Case No.33 of 2005.

2.

Having heard learned counsels for the parties, it is noticed that the tribunal has granted meager sum of Rs.2,000/- and Rs.5,000/- respectively towards funeral expenses and loss of consortium.

In the attending facts and circumstances, it is deemed just and proper to enhance the awarded compensation by directing the respondent No.2, i.e., National Insurance Co. Ltd., to pay a lump sump amount of Rs.2,00,000/- (Rupees two lakhs) under the conventional heads of loss of consortium, funeral expense and love and affection.

The respondent No.2/ National Insurance Co. Ltd., shall pay the aforesaid enhanced amount, less the amount already paid, in view of the submission of the learned counsel for the respondent No.2 that they have satisfied the award, by cheque, drawn in the name of the appellants/ claimants, to be deposited before the Member Secretary, JHALSA, Nyaya Sadan, Doranda, Ranchi, on or before 11.02.2017.

3.

Let a copy of this order be handed over to the learned counsel for the respondent/ National Insurance Co. Ltd., for needful.

4.

The impugned judgment/ award dated 23.07.2012 is modified to the extent as noted above, accordingly, the appeal is, hereby, disposed off.